Workers’ Compensation Settlements in Catoosa County
In Georgia, it is strongly encouraged for the parties in a workers’ compensation case to settle. This typically reduces the court’s expenses and helps an injured worker receive his or her compensation faster. However, settling a workers’ compensation claim cuts off your right to pursue it permanently, so it is usually a good idea to discuss your options with a Catoosa County workers’ compensation lawyer before agreeing to a settlement.
Types of Workers’ Compensation Settlements in Catoosa County
Georgia law provides for two different forms of workers’ compensation settlements: liability settlements and no-liability settlements. A liability settlement resolves a claim in which the insurer accepts responsibility. A non-liability settlement resolves a case where the insurance company had challenged the worker’s right to file a claim. In both cases, the workers’ compensation board must approve a settlement.
Regardless of the type of settlement, the structure of the settlement payout is often the same. Most compensation claims resolve with a one-time payment designed to resolve the claim in full. However, in some significant cases, a defendant agrees to weekly or monthly payments. Known as a structured settlement, this agreement structures payments over a lifetime for workers that have survived a catastrophic injury.
When Settlements are Final
Even if an injured worker comes to an agreement with the employer’s insurance company, that worker still has the chance to back out of the agreement until the board approves it. Once the board approves the settlement, the injured worker’s claim for damages closed forever.
To finalize the agreement, both parties must submit a number of documents to the board for review before they make their decision. The approval process for both liability and non-liability settlements are essentially the same. To begin the process, the parties must file a stipulated settlement agreement which outlines the terms of the agreement. The plaintiff must also attach:
- Certain claim forms
- Medical records
- Documentation regarding unpaid child support allegations
- The structure of plaintiff’s attorney fees
In most cases, the board approves the settlement. Frequently, they do not even call for a hearing.
The Amount of a Settlement
Determining the value of a Catoosa County workers’ compensation claim is as much art as science. However, experience with resolving these claims goes a long way to ensure that an injured worker recovers the compensation he or she deserves. A Catoosa County workers’ compensation lawyer could help an injured employee review his or her medical records and put an accurate value on the injuries for the purpose of settlement.
Before an injured worker receives his or her settlement money, certain costs and fees come out of the check. These costs include:
- Attorneys fees
- Unpaid medical bills
- Unpaid child support
- Payment to a Medicare set-aside account
Timeframe for Settling a Workers’ Compensation Claim
There are no limits on when you may settle a case as long as the claim remains active. However, it is often a good idea to avoid settling early in the process. Some injuries require additional ongoing treatment, and an injury victim is able to recover any of those damages.
Contact a Catoosa County Workers’ Compensation Lawyer Right Away
Workers’ compensation law is exceptionally particular. Due to its intricacies, proceeding on your own with a workers’ compensation claim could be a challenge. Moreover, due to the strict rules involved in the process, one seemingly minor mistake could be fatal to your case. To get the most out of your injury claim, contact a Catoosa County workers’ compensation lawyer as soon as possible.
